Gilbert v. Watts-Degolyer Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding.
Read the full summary
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. This was an action on the case, instituted by the appellee corporation against the appellant, to recover damages sustained by the corporation, as the declaration alleged, by reason of the action of the appellant, as sheriff of Cook county, in postponing the sale of a threshing machine, two steam engines and other articles of personal property in the possession of the sheriff under levy by an attachment writ, and advertised…
1Opinion of the CourtJustice Boggs
The appellant, by introducing evidence to contradict the case made by the plaintiff, (appellee,) waived the exception taken by him to the action, of the court in overruling the motion, entered at the close of the testimony offered in behalf of the plaintiff, to direct the jury to find for the defendant. Joliet, Aurora and Northern Railway Co. v. Velie, 140 Ill. 59; Chicago City Railway Co. v. VanVleck, 143 id. 480; Grimes v. Hilliary, 150 id. 141.
Upon the final submission of the case to the jury, appellant, among other instructions to be given to the jury, presented to the court the following:
2Cases cited4 opinions
- Joliet, Aurora & Northern Railway Co. v. VelieIllinois Supreme Court · 1892
- Peirce v. WaltersIllinois Supreme Court · 1897
- Vallette v. BilinskiIllinois Supreme Court · 1897
- Selleck v. SelleckIllinois Supreme Court · 1883
3Cited by5 opinions
- Anderson v. Wisconsin Central Railway Co.Supreme Court of Minnesota · 1909
- City of Elgin v. ThompsonAppellate Court of Illinois · 1901
- Alton Paving, Building & Fire Brick Co. v. HudsonAppellate Court of Illinois · 1898
- Franklin Printing & Publishing Co. v. BehrensAppellate Court of Illinois · 1899
- Bennett v. Illinois Power & Light Corp.Appellate Court of Illinois · 1933